Reports of Practice Cases, Determined in the Courts of the State of New York: With a Digest of All Points of Practice Embraced in the Standard New York Reports ..., 6권J.S. Voorhies, 1858 |
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427 페이지
... Dist . , Gen. T. , 1857 , Hubbard a . Russell , 24 Barb . , 404 , 410 . 3. In an action brought under the act for the sale of real estate to pay assessments ( Laws of 1841 , ch . 341 ; 2 Rev. Stats . , 4th ed . , 353 , § 45 ) , and the ...
... Dist . , Gen. T. , 1857 , Hubbard a . Russell , 24 Barb . , 404 , 410 . 3. In an action brought under the act for the sale of real estate to pay assessments ( Laws of 1841 , ch . 341 ; 2 Rev. Stats . , 4th ed . , 353 , § 45 ) , and the ...
428 페이지
... Dist . , Sp . T. , 1857 , Johnson a . Lynch , 15 How . Pr . R. , 199 . 2. Where it appeared from the facts that the defendant was , without doubt , in the county at the time the substituted affidavit was made , and he did not , after ...
... Dist . , Sp . T. , 1857 , Johnson a . Lynch , 15 How . Pr . R. , 199 . 2. Where it appeared from the facts that the defendant was , without doubt , in the county at the time the substituted affidavit was made , and he did not , after ...
429 페이지
... Dist . , Sp . T. , 1857 , Lampson a . McQueen , 15 How . Pr . R. , 345 . 6. It seems , that the right of amendment of course , under section 172 , only exists where the pleading to be amended requires or admits of a response in the ...
... Dist . , Sp . T. , 1857 , Lampson a . McQueen , 15 How . Pr . R. , 345 . 6. It seems , that the right of amendment of course , under section 172 , only exists where the pleading to be amended requires or admits of a response in the ...
430 페이지
... Dist . , Sp . T. , 1856 , Akin a . The Albany Northern R. R. Co. , 14 How . Pr . R. , 337 . 10. Amendments of pleadings very liberally allowed at the trial to con- form them to the evidence . Supreme Ct . , Sixth Dist . , at Circuit ...
... Dist . , Sp . T. , 1856 , Akin a . The Albany Northern R. R. Co. , 14 How . Pr . R. , 337 . 10. Amendments of pleadings very liberally allowed at the trial to con- form them to the evidence . Supreme Ct . , Sixth Dist . , at Circuit ...
431 페이지
... Dist . , Sp . T. , 1857 , Shaw a . Lawrence , 14 How . Pr . R. , 94 . 15. An alteration in the parties of an action is not a mere amendment of the pleadings . Billings a . Baker , Ante , 213 . 16. In an action in the N. Y. Marine Court ...
... Dist . , Sp . T. , 1857 , Shaw a . Lawrence , 14 How . Pr . R. , 94 . 15. An alteration in the parties of an action is not a mere amendment of the pleadings . Billings a . Baker , Ante , 213 . 16. In an action in the N. Y. Marine Court ...
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24 Barb affidavit affirmed alleged amended American Exchange Bank amount answer application appointed assignment attorney averment cause of action certificate claim clerk Code commenced complaint Conover contract corporation costs court of equity creditors Croton Aqueduct damages debt debtor defendant defendant's demurrer denied Devlin District Duer E. D. Smith's C. P. R. entitled evidence examination execution facts fendant filed foreclosure fraud fraudulent Gold Hill granted ground held indorsed intended issued judge judgment jurisdiction jury justice liability lien mandamus ment Metropolitan Police District motion notice objection party payee payment person plaintiff pleading proceedings promissory note provisions purchaser question quo warranto receiver recover referee reference remedy Revised Statutes Seventh Dist sheriff Smith special term stockholders subdivision sufficient summons Supreme Court Supreme Ct thereof Third Dist tion trial usury Wend writ York
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214 페이지 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, "by adding or striking out the name of any party ; or by correcting a mistake in the name of a party ; or a mistake in any other respect...
90 페이지 - State," passed April 12, 1848. Passed April 11,1849. The act entitled " An act to simplify and abridge the practice, pleadings, and proceedings of the courts of this State...
380 페이지 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
403 페이지 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
224 페이지 - ... be entitled after taking the oath of office and executing such official bond as may be required by law, to take upon himself the execution of the office, and it shall be his duty, immediately thereafter, to demand of the defendant, in the action, all the books and papers in his custody or within his power belonging to the office from which he shall have been excluded.
393 페이지 - Dues from corporations shall be secured by such individual liability of the corporators and other means as may be prescribed by law.
41 페이지 - The defendant may be arrested, as hereinafter prescribed, in the following cases : 1. In an action for the recovery of damages, on a cause of action not arising out of contract, where the defendant is not a resident of the State, or is about to remove therefrom, or where the action is for an injury to person or character, or for injuring, or for wrongfully taking, detaining or converting property.
147 페이지 - If there be no express promise, but a promise is to be raised by implication of law from the acknowledgment of the party, such acknowledgment ought to contain an unqualified and direct admission of a previous, subsisting 'debt, which the party is liable and willing to pay.
554 페이지 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2.
439 페이지 - In all cases of appeal to the court of appeals, in actions which were originally commenced in the late court of chancery of this State, the court of appeals shall review the cause upon the facts and the law, without any statement or specification of facts found, or any exception taken at the trial of any or either of them.